What Is the Statute of Limitations on a Car Accident in Florida?

Until you’ve found yourself injured in an auto accident, you may never have thought you’d need to know the Florida car accident statute of limitations. Navigating the aftereffects of a serious car accident can be an extremely difficult and complicated process. Many car accident victims find themselves injured, unable to work, and uncertain about what their future will hold.

Unfortunately, too many victims in this situation either don’t pursue compensation for their damages or accept a settlement offer that is far less than they deserve. In worst-case scenarios, victims recover no compensation whatsoever because they fail to begin the process within the required time frame, referred to as the statute of limitations.

Reviewing the Florida car accident statute of limitations is imperative to ensure you don’t find yourself in this situation. It is also valuable to understand how to determine if you have a case and if you should hire an Orlando car accident attorney to represent you.

If you’ve been injured in a car accident, Colling Gilbert Wright offers a FREE case evaluation to discuss your case. Call us today at (407) 712-7300. Our car accident lawyers are proud to represent victims in Orlando and throughout Florida.

What Is a Statute of Limitations & What Is Its Purpose?

Understanding the statute of limitation law becomes vitally important if you are injured in an accident due to someone else’s negligence. A statute of limitations is a defined period during which you can bring a legal action, such as filing a personal injury lawsuit.

Usually, these periods begin immediately following an event, such as a car accident. Typically, once the determined period has elapsed, legal action can no longer be brought forward relating to the event.

Statute of limitation laws apply to all types of legal matters, from product liability claims to medical malpractice. The purpose of these laws is to protect citizens from unfair legal action since, over time, evidence can be lost, which may make it difficult for someone to defend themselves in court.

Statute of limitation laws have been around since ancient Greece, where the statute of limitations was set to 5 years for nearly all legal matters. Today, time limits vary based on the legal matter.

Before we take a closer look at how the Florida car accident statute of limitations is defined, let’s first review how to determine if you can sue for a car accident.

Can I Sue After a Car Accident in Florida?

Generally speaking, yes, you can sue for a car accident in Florida. That said, it’s important to understand a few key points:

• If the statute of limitations has passed, you will generally not be able to sue.
• To be able to recover compensation, you must be 50% or less at fault for the accident, per Florida’s modified comparative negligence laws.
• If you have agreed to a settlement with an insurance company, you will most likely not be able to file a lawsuit. Generally, accepting a settlement prohibits you from pursuing any legal action related to the accident.

The first course of action is usually to try to settle the claim out of court. However, if you are unable to come to an agreement, it may be in your best interests to pursue legal action through a lawsuit.

How Long After a Car Accident Can You Sue in Florida?

In 2023, the statute of limitations for all personal injury claims in Florida, including car accidents, was changed from 4 years to 2 years. This means that car accident victims now have half the time they used to have to pursue legal action related to an accident.

Occasionally, exceptions apply, though you should never rely on possible exceptions when planning legal action. The sooner your car accident attorney can begin investigating and building your case, the better.

Read More: When Is It Too Late To Go to the Doctor After a Car Accident?

Do I Need a Car Accident Attorney?

If you have been in a serious accident and have significant damages—such as medical bills, property damage, loss of wages, and pain and suffering—then you would benefit greatly from the help of an experienced Orlando car accident lawyer. Their knowledge and skill can help you pursue the compensation you need and deserve for these damages.

The more serious an accident is, the higher the stakes typically are and the more you may benefit from an attorney’s guidance. If you are facing significant damages, the only way you may be able to cover the costs associated with your injuries may be by recovering compensation.

Also, the other driver’s insurance will likely put up a greater fight. They will not be quick to hand you a large settlement offer. Instead, they will do what they can to minimize your claim, use your own words against you, and try to get you to accept less than you deserve.

At Colling Gilbert Wright, we’re here to make sure that doesn’t happen.

How Can Colling Gilbert Wright Help?

Our Orlando car accident lawyers are committed to being by your side throughout the entire process, from start to finish. This includes:

• Investigating the accident: We’ll start by gathering evidence and establishing the facts about why and how the accident took place. Evidence can include everything from photos of the accident scene to cell phone records.
• Calculating your damages: We will then determine how much your claim is worth, which is a critical step. We need to establish the value of both economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
• Negotiating with the insurance company: Once we know how much your claim is worth, we have a basis to negotiate a fair settlement with the insurance company.
• Representing you in court: If the insurance company refuses to offer a fair settlement, we will bring legal action on your behalf to fight your case in court.

Our goal is to navigate the process for you so you can focus on your well-being. As such, we handle all car accident cases on a contingency-fee basis, meaning there is no fee unless we win.

Contact Our Experienced Orlando Car Accident Lawyers Today!

At Colling Gilbert Wright, we understand how difficult it can be to know what to do after a car accident. That’s why we’re here to help.

Regardless of how long it’s been since your accident, we encourage you to begin the process of pursuing compensation today—even if the Florida car accident statute of limitations seems far off. The longer you wait, the more difficult it can be to gather evidence and build a strong case.

Our Orlando auto accident attorneys will guide you through the process and ensure your rights are protected. That way, you can return to your old life as soon as possible with the compensation you deserve. Contact us today for a FREE case evaluation.